2017 ASSEMBLY BILL 64 - Wisconsin2017 - 2018 Legislature - 6 - LRB-1928/1 ALL:all ASSEMBLY BILL 64...

LRB-1928/1

ALL:all

2017 - 2018 LEGISLATURE

2017 ASSEMBLY BILL 64

February 8, 2017 - Introduced by JOINT COMMITTEE ON FINANCE, by request ofGovernor Scott Walker. Referred to Joint Committee on Finance. Referred toJoint Survey Committee on Tax Exemptions.

AN ACT relating to: state finances and appropriations, constituting the

executive budget act of the 2017 legislature.

Analysis by the Legislative Reference Bureau

INTRODUCTION

This bill is the “executive budget bill" under section 16.47 (1) of the statutes.It contains the governor's recommendations for appropriations for the 2017-2019fiscal biennium.

The bill repeals and recreates the appropriation schedule in chapter 20 of thestatutes, thereby setting the appropriation levels for the 2017-2019 fiscal biennium.The descriptions that follow relate to the most significant changes in the law that areproposed in the bill. In most cases, changes in the amounts of existing spendingauthority and changes in the amounts of bonding authority under existing bondingprograms are not discussed.

For additional information concerning this bill, see the Department ofAdministration's publication Budget in Brief and the executive budget books, theLegislative Fiscal Bureau's summary document, and the Legislative ReferenceBureau's drafting files, which contain separate drafts on each policy item.

__________________________________________________________________

GUIDE TO THE BILL

As is the case for all other bills, the sections of the budget bill that affect statutesare organized in ascending numerical order of the statutes affected.

Treatments of prior session laws (styled “laws of [year], chapter ...." from 1848to 1981, and “[year] Wisconsin Act ...." beginning with 1983) are displayed next byyear of original enactment and by act number.

1

2

- 2 -2017 - 2018 Legislature LRB-1928/1ALL:all

ASSEMBLY BILL 64

The remaining sections of the budget bill are organized by type of provision and,within each type, alphabetically by state agency. The first two digits of the four-digitsection number indicate the type of provision:

91XX Nonstatutory provisions.92XX Fiscal changes.93XX Initial applicability.94XX Effective dates.

The remaining two digits indicate the state agency or subject area to which theprovision relates:

XX01�Administration.XX02�Agriculture, Trade and Consumer Protection.XX03�Arts Board.XX04�Building Commission.XX05�Child Abuse and Neglect Prevention Board.XX06�Children and Families.XX07�Circuit Courts.XX08�Corrections.XX09�Court of Appeals.XX10�District Attorneys.XX11�Educational�Approval Board.XX12�Educational�Communications Board.XX13�Elections Commission.XX14�Employee Trust Funds.XX15�Employment Relations Commission.XX16�Ethics Commission.XX17�Financial Institutions.XX18�Governor.XX19�Health and Educational Facilities Authority.XX20�Health Services.XX21�Higher Educational Aids Board.XX22�Historical Society.XX23�Housing and Economic Development Authority.XX24�Insurance.XX25�Investment Board.XX26�Joint Committee on Finance.XX27�Judicial Commission.XX28�Justice.XX29�Legislature.XX30�Lieutenant Governor.XX31�Local Government.XX32�Military Affairs.XX33�Natural Resources.

- 3 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

XX34�Public Defender Board.XX35�Public Instruction.XX36�Public Lands, Board of Commissioners of.XX37�Public Service Commission.XX38�Revenue.XX39�Safety and Professional Services.XX40�Secretary of State.XX41�State Fair Park Board.XX42�Supreme Court.XX43�Technical College System.XX44�Tourism.XX45�Transportation.XX46�Treasurer.XX47�University�of�Wisconsin�Hospitals and Clinics Authority;

Medical College of Wisconsin.XX48�University of Wisconsin System.XX49�Veterans Affairs.XX50�Wisconsin Economic Development Corporation.XX51�Workforce Development.XX52�Other.

For example, for general nonstatutory provisions relating to the StateHistorical Society, see SECTION 9122. For any agency that is not assigned a two-digitidentification number and that is attached to another agency, see the number of thelatter agency. For any other agency not assigned a two-digit identification numberor any provision that does not relate to the functions of a particular agency, seenumber “52" (Other) within each type of provision.

Separate section numbers and headings appear for each type of provision andfor each state agency, even if there are no provisions included in that section numberand heading. Section numbers and headings for which there are no provisions willbe deleted in enrolling and will not appear in the published act.

Following is a list of the most commonly used abbreviations appearing in theanalysis.

DATCP Department of Agriculture, Trade and Consumer Protection. . .DCF Department of Children and Families. . . . . .DETF Department of Employee Trust Funds. . . . .DFI Department of Financial Institutions. . . . . . .DHS Department of Health Services. . . . . .DMA Department of Military Affairs. . . . .DNR Department of Natural Resources. . . . . .DOA Department of Administration. . . . . .DOC Department of Corrections. . . . . .DOJ Department of Justice. . . . . .DOR Department of Revenue. . . . . .


ASSEMBLY BILL 64

DOT Department of Transportation. . . . . .DPI Department of Public Instruction. . . . . . .DSPS Department of Safety and Professional Services. . . . .DVA Department of Veterans Affairs. . . . . .DWD Department of Workforce Development. . . . .JCF Joint Committee on Finance. . . . . .LRB Legislative Reference Bureau. . . . . .OCI Office of the Commissioner of Insurance. . . . . .PSC Public Service Commission. . . . . .SHS State Historical Society. . . . . .TCS Technical College System. . . . . .UW University of Wisconsin. . . . . . .WEDC Wisconsin Economic Development Corporation. . . .WHEDA Wisconsin Housing and Economic Development Authority. .WHEFA Wisconsin Health and Educational Facilities Authority. . .

__________________________________________________________________

AGRICULTURE

This bill changes the amount of license fees and agricultural chemical cleanupsurcharges that manufacturers and distributors of fertilizer and of soil or plantadditives, manufacturers and labelers of pesticides, dealers and distributors ofrestricted-use pesticides, and commercial applicators of pesticides are required topay to DATCP, and provides that many of these fees are reduced depending on theamount available in the agricultural chemical cleanup fund. The bill also requiresa licensed pesticide manufacturer or labeler who stops selling or distributing apesticide to pay a final license fee and a final agricultural chemical cleanupsurcharge, and changes the amount of each license fee received from a pesticidemanufacturer or labeler that is deposited into the environmental fund. The bill alsoeliminates the requirement that a pesticide manufacturer or labeler pay anenvironmental cleanup surcharge for certain pesticide products intended for use onwood, and creates a reduced feed inspection fee and weights and measures inspectionfee for licensed commercial feed distributors who distribute less than 200 tons ofcommercial feed per year. In addition, the bill eliminates the classification of an“exempt buyer,” which under current law allows certain licensed commercial feedmanufacturers or distributors to claim credits against certain required inspectionfees. The bill also increases the maximum amount of corrective action costs, incurredin response to a harmful discharge of an agricultural chemical, that may be incurredwhile still remaining eligible for a 75 percent reimbursement from DATCP.

This bill repeals the farm to school program, under which DATCP promotesprograms that connect schools with nearby farms to provide children with locallyproduced foods in school meals, and eliminates the farm to school council, whichadvises DATCP and reports to the legislature about the needs and opportunities forfarm to school programs.

This bill increases the general obligation bonding authority for the Soil andWater Resource Management Program, which awards grants to counties to help fundtheir land and water conservation activities, by $7,000,000. The bill also requires

- 5 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

DATCP and DNR, when preparing their annual grant allocation plan for makingthese grants, to consider the existence of any impaired water bodies or agriculturalenterprise areas, and to give priority to projects that are in or near, or that affect,those areas.

This bill transfers the Agricultural Education and Workforce DevelopmentCouncil from DATCP to DWD and adds the secretary of workforce development asa member of the council's executive committee. In addition, the bill requires theVeterinary Examining Board to create, by rule, a procedure for addressingallegations that a licensed veterinarian's or veterinary technician's ability to practiceis impaired by alcohol or other drugs.

COMMERCE AND ECONOMIC DEVELOPMENT

ECONOMIC DEVELOPMENT

This bill makes several changes to the appropriations for WEDC, includingcapping WEDC's expenditure of general purpose revenue at $12,474,000 in fiscalyear 2017-18 and $18,774,000 in each fiscal year thereafter and requiring that thebalance in the appropriation from the economic development fund for WEDC'soperations and programs be $0 before WEDC may expend moneys from its generalpurpose revenue appropriation for that purpose.

This bill repeals the prohibition that, with one exception, WEDC may notoriginate any new loan after June 30, 2017. Instead, the bill places the followinglimitations on each loan WEDC originates after that date:

1. With one exception, the loan must be funded, not from appropriations, butonly from repayments to WEDC of other loans.

2. The loan may not be forgivable upon the loan recipient's achievement of oneor more conditions or goals.

The bill also requires each new lending program WEDC implements oradministers to adhere as closely as practicable to commonly accepted commerciallending practices.

Under this bill, WEDC may cancel the designation of an enterprise zone ifWEDC revokes all of the certifications for tax benefits within that zone. After WEDCcancels a designation, WEDC may designate a new enterprise zone. The bill alsoprovides that if a current enterprise zone expires after 12 years, as required undercurrent law, WEDC may designate a new enterprise zone.

This bill specifies that WEDC may certify no more than $10,000,000 of taxcredits under the historic rehabilitation tax credit each year. The bill also requiresthat the tax credits be awarded competitively, based on the potential to create jobs,the benefit to the state of certifying the credit relative to the cost of the credit, theprojected impact on the local economy, the likelihood that the activity would occurwithout the credit, and the number of historic rehabilitation tax credits certified inthe same county or municipality in prior years. In addition, the bill provides that ifthe activity for which the person claims a credit creates fewer full-time jobs thanprojected, as reported to DOR, the person must repay to DOR the amount of the creditclaimed in proportion to the number of full-time jobs created compared to thenumber of full-time jobs projected.


ASSEMBLY BILL 64

This bill provides that WEDC must provide at least $500,000 in grants in eachof the fiscal years 2017-18 and 2018-19 through its grant program for fabricationlaboratories.

Under current law, WEDC may certify a business as a qualified new businessventure if, among other requirements, for taxable years beginning after December31, 2010, the business has not received more than $8,000,000 in investments thatqualified for tax credits under the early stage seed investment program. This billraises that threshold to $12,000,000 for taxable years beginning after December 31,2016.

BUSINESS ORGANIZATIONS AND FINANCIAL INSTITUTIONS

This bill specifies one-hour and four-hour expedited processing fees forbusiness entity filings with DFI. Under current law, DFI establishes all expeditedprocessing fees by rule.

CORRECTIONAL SYSTEM

ADULT CORRECTIONAL SYSTEM

This bill eliminates the parole commission as of January 1, 2018, and transfersto DOC the responsibility for interviewing inmates who are eligible for parole,making parole decisions, and determining appropriate programming for inmatesseeking to be paroled. Under current law, a person who is convicted of committinga crime before December 31, 1999, may become eligible for parole after beingconfined in prison, a county house of corrections, or certain other facilities for aportion of his or her sentence for the crime. When he or she becomes eligible forparole, an eight-member parole commission within DOC consisting of a chairpersonnominated by the governor and seven commission members appointed by thechairperson handles parole matters.

This bill directs the Legislative Audit Bureau to conduct a study of the policiesand procedures of DOC and the Division of Hearings and Appeals in DOA for theprobation and parole revocation process.

JUVENILE CORRECTIONAL SYSTEM

This bill increases from 16 to 18 the age under which a person who is sentencedto the Wisconsin state prisons must be placed at a juvenile correctional facility or asecured residential care center for children and youth, unless DOC determines basedon various factors that placement in a state prison, other than the Wisconsin SecureProgram Facility, is appropriate.

This bill changes the amounts that DOC charges, or that DCF deducts fromallocations, to counties for the costs of certain juvenile correctional services DOCprovides according to per person daily cost assessments (daily rates). The billestablishes the following daily rates:

1. For fiscal year 2017-18, the daily rate is $344 for care in a Type 1 juvenilecorrectional facility, and $344 for care for juveniles transferred from a juvenilecorrectional institution.

2. For fiscal year 2018-19, the daily rate is $352 for care in a Type 1 juvenilecorrectional facility, and $352 for care for juveniles transferred from a juvenilecorrectional institution.

- 7 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

COURTS AND PROCEDURE

PUBLIC DEFENDER

This bill consolidates several appropriations to the Office of the State PublicDefender into one general appropriation to cover all operational costs of the Officeof the State Public Defender. The bill also allows the Public Defender Board torequest authorization for certain additional full-time or part-time positions to befunded from general purpose revenues from the governor rather than from JCF.

OTHER COURTS AND PROCEDURE

This bill also authorizes the Joint Committee on Employment Relations toreview and establish annual salaries for judges and justices under a proposalsubmitted by the director of state courts. Under current law, annual salaries forjudges and justices are reviewed and established in the state compensation plan inthe same manner as positions in the state classified service.

This bill moves the appropriations for administering the Judicial Commissionto the Supreme Court. Under current law, the Judicial Commission investigates anymisconduct or permanent disability of a judge or court commissioner. The SupremeCourt reviews and determines the appropriate discipline or action to take inresponse to the Judicial Commission's investigation.

Generally under current law, when a petition is filed for judicial review of anagency action, the agency must provide the court with a typewritten or printed recordof the agency's administrative proceeding. The bill allows the Division of Hearingsand Appeals to instead provide a court with a copy of an audio or video recording ofthe proceeding, unless the court orders the preparation of a transcript.

This bill eliminates the Judicial Council and its appropriations.

EDUCATION

PRIMARY AND SECONDARY EDUCATION

This bill modifies the Youth Options Program, under which a pupil enrolled ina public school may take one or more courses at an institution of higher educationfor high school or postsecondary credit, and renames the program to be the EarlyCollege Credit Program.

Under the current Youth Options Program, any pupil in the 11th or 12th gradesmay apply to an institution of higher education to take one or more courses at theinstitution. If the course satisfies high school graduation credits and is notcomparable to a course offered by the school district, the school board must pay theinstitution of higher education on behalf of the pupil. If the course is comparable toa course offered by the school district or is taken for postsecondary credit, the pupilis responsible for paying for the course.

This bill opens the ECCP to pupils in all high school grades, and explicitlyauthorizes a pupil to participate in the ECCP in a summer session or semester. Thebill also changes the method for determining the cost of a college course, assigns acertain portion of the cost to the state, and specifies the maximum cost to be paid bythe school board, the state, and, for a course taken only for postsecondary credit, bythe pupil. In addition, the bill directs DWD to pay the state's portion of the cost of


ASSEMBLY BILL 64

tuition. Finally, the bill requires an institution of higher education to admit a pupilunder the program if certain conditions are met.

This bill also restores the part-time Open Enrollment Program to its statusprior to the enactment of the 2013-15 Biennial Budget Act (2013 Act 20). Prior tothe enactment of 2013 Act 20, a high school pupil could, under the part-time OpenEnrollment Program, apply to take one or two courses at a public school locatedoutside the pupil's school district of residence under certain circumstances. Underthe part-time OEP, the pupil's resident school board was required to pay to thenonresident school board an amount equal to the cost of providing the course to thepupil, as determined by DPI. Also under the part-time OEP, the resident schoolboard could reject the pupil's application if either of the following applied: 1) theresident school board determined that the course conflicted with the pupil'sindividualized education program; or 2) the cost of paying for the pupil to attend thecourse would impose an undue financial burden on the resident school district.

This bill requires DPI to include in the annual accountability reports preparedfor schools and school districts additional information about high school pupils,including the number of pupils attending a course through the part-time OEP orECCP programs, the number of pupils participating in a youth apprenticeship, andthe number of pupils earning industry-recognized credentials.

This bill eliminates various requirements that apply to school boards, including1) that a school board annually schedule a minimum number of hours of direct pupilinstruction; 2) that a school board hold a monthly regular school board meeting; 3)that a school board not enter into an employment contract with a schooladministrator for a term that exceeds two years; and 4) that a school district clerksubmit a statement of the school district's indebtedness to the secretary of state,upon request.

This bill allows a school board to contract with one or more school boards tosatisfy the school board's obligations to provide a variety of services and programs,including providing instruction on lifesaving skills, providing emergency nursingservices and guidance and counseling services, establishing a bilingual-biculturaleducation program, establishing a technical preparation program in each highschool in the school district, ensuring access to programs for gifted and talentedpupils, designating a school attendance officer for the school district, and employinga certified reading specialist.

This bill eliminates the school district revenue limit adjustment for projects toimplement energy efficiency measures or to purchase energy efficiency products, butpermits a school district that adopted a resolution to initiate an energy efficiencyproject before the effective date of the bill to increase the school district revenue limitby the amount spent on the energy efficiency project in a school year for theremainder of the term of the bond, note, or trust fund loan.

This bill requires DWD to award a grant to a school district that partners witheither the UW System or the flexible option program in the UW Extension to designand implement a teacher development program. The teacher development programmust be designed to prepare school district employees who are not teachers to obtaina teaching permit or initial teaching license.

- 9 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

This bill eliminates the requirement that an individual who currently holds avalid and current initial teaching license, a professional teaching license, a mastereducator license, or an administrator license, issued by DPI, renew that license. Inaddition, the bill eliminates renewal requirements for licenses issued after theeffective date of the bill. The bill makes no changes to the substantive requirementsfor initial licensure or to the conditions for revocation of these licenses. However, thebill does transfer responsibility for periodically conducting background checks onindividuals who hold a license from DPI to the school board in which the individualis employed.

This bill allows a faculty member in the UW System, the TCS, or any private,nonprofit member of the Wisconsin Association of Independent Colleges andUniversities to teach at a public high school without a license to teach issued by DPIif the faculty member is in good standing and possesses a bachelor's degree.

For a license to teach based on reciprocity and for an administrator's licensebased on reciprocity, this bill eliminates the requirement that an applicant musthave received an offer to teach or to be an administrator in a school located in thisstate in order to qualify for the license.

This bill permits a school district to provide compensation to a student teacherfor time spent in a classroom that involves direct interaction with pupils.

This bill provides additional per pupil aid of $188 in the 2017-18 school yearand $380 in the 2018-19 school year and in each school year thereafter to a schooldistrict that certifies all of the following:

1. In the 2017-18 and 2018-19 school years, school district employees will berequired to pay at least 12 percent of health care coverage costs.

2. The school district will distribute the additional per pupil aid to a school inthe school district in an amount equal to the number of pupils enrolled in the school.

In addition, this bill requires DPI to increase the additional per pupil aid by $12in the 2017-18 school year and by $24 in the 2018-19 school year if the GroupInsurance Board executes a contract to provide self-insured group health plans tostate employees for the 2018 and 2019 calendar years.

This bill makes certain additional school districts eligible for sparsity aid.Under current law, a school district is eligible for sparsity aid in the amount of $300per pupil if the school district's membership in the previous school year does notexceed 745 pupils and if the membership divided by the school district's area insquare miles is less than ten. The bill increases the per pupil payment to $400. Alsounder this bill, a school district with the same density of pupils per square miles andwith a membership in the previous school year of more than 745 students but no morethan 1,000 students is eligible for sparsity aid in the amount of $100 per pupil.

This bill increases the reimbursement rate to school districts and independentcharter school operators for transporting a pupil who lives more than 12 miles fromthe school the pupil attends from $300 per school year to $365 per school year; andincreases the reimbursement rate to school districts for transportation to and fromsummer classes from $4 to $10 for a pupil who lives at least two miles but not morethan five miles from the school the pupil attends and from $6 to $20 for a pupil wholives more than five miles from the school the pupil attends. The bill also eliminates


ASSEMBLY BILL 64

the requirement that DPI reduce the amount of state aid a charter school operatorreceives for transporting a pupil if the pupil is transported for less than a full schoolyear because the pupil is not enrolled in the school district or independent charterschool for the entire school year.

As part of the Technology for Educational Achievement program, known asTEACH, DOA awards information technology block grants for improvinginformation technology infrastructure to school districts that have 13 pupils persquare mile or less. Under current law, the information technology block grantprogram ends on July 1, 2017. This bill continues the information technology blockgrant program until July 1, 2019, and expands the permitted uses of grants underthe program to include providing mobile hotspots on buses and purchasing mobilehotspots for individuals to borrow from schools. In addition, the eligibility for thesegrants in the 2017-18 school year is expanded to include school districts that haveup to 26 pupils per square mile.

This bill requires DPI to develop, implement, and administer a program toaward grants to school districts and independent charter schools for the purpose ofcollaborating with community mental health providers to provide mental healthservices to pupils.

This bill requires DPI to provide trainings on evidence-based strategies relatedto addressing mental issues in schools to school district personnel and independentcharter school personnel. Under the bill, these trainings must include at least thefollowing evidence-based strategies: screening, brief intervention, and referral totreatment, known as SBIRT; trauma sensitive schools; and youth mental health firstaid.

This bill requires DPI to make payments to school districts and independentcharter schools that increased the amount the school district or independent charterschool spent to employ, hire, or retain social workers over the amount spent by theschool district or independent charter school to employ, hire, or retain social workersin the immediately preceding school year.

This bill creates a grant program for public schools, including independentcharter schools, and a private school participating in the Milwaukee Parental ChoiceProgram that are located within the geographic boundaries of a first class city schooldistrict (currently, only the school district operating in the city of Milwaukee,Milwaukee Public Schools). Under the grant program, DPI provides awards toschools that were placed in a performance category of “significantly exceedsexpectations" or “exceeds expectations" on the most recent accountability report andto schools that improved their score on the most recent accountability report by atleast three points over the previous accountability report. In each school year, thebill prohibits DPI from making awards under the program until DOA approvesaward amounts calculated under the grant program. Finally, the bill requires a firstclass city school board to distribute any funds it receives under this grant programto the school administrator of the school that earned the award.

This bill requires the MPS school board to develop and implement a grantprogram to award grants to public schools, except independent charter schools,located in Milwaukee for the purpose of developing, redesigning, or implementing a

- 11 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

summer school program. Additionally, the bill requires DPI to annually distributefunding to the MPS board for this purpose.

This bill expands the entities to which DPI must award grants for the purposeof providing services and activities to gifted and talented pupils to include all schooldistricts. Under current law, DPI is required to provide these grants to nonprofitorganizations, cooperative educational service agencies, institutions in the UWSystem, and a school district operating in a first class city.

This bill creates a program in DPI to award grants to a nonprofit organizationto provide training and an online bullying prevention curriculum to pupils in gradeskindergarten to 8.

This bill explicitly authorizes DPI to request that DOA reimburse charterschools, including independent charter schools, charter schools under contract withthe director of the Office of Educational Opportunity, and noninstrumentalitycharter schools, for certain costs incurred in connection with a special educationprogram and the provision of special education and related services by the charterschool. Current law allows DPI to reimburse school districts, cooperativeeducational service agencies, and county children with disabilities education boardsfor the same services under the same conditions.

This bill requires a private school participating in the Special NeedsScholarship Program to obtain verification that a child with a disability who hasapplied to attend the private school under the program has an IndividualizedEducation Program or services plan in effect before notifying DPI that the privateschool intends to accept the application of the child. Under current law, DPI mustverify that an IEP or services plan is in effect. The bill also allows an IEP teamappointed by a nonresident school board to conduct a reevaluation of a child with adisability who is attending a private school under the program in the nonresidentschool district. Current law requires the IEP team appointed by the resident schoolboard to reevaluate such a child. Finally, the bill permits the state superintendentof public instruction to bar a private school from participating in the program if theprivate school misrepresents information required under the program.

If the federal government permits entities other than public entities to receivefederal funding for providing equitable services to children with disabilities who areenrolled by their parents in private schools, the bill requires an ombudsmandesignated by DPI to identify a private fiscal agent to receive such federal funding.

This bill makes the following changes to the Milwaukee parental choiceprogram, the Racine parental choice program, and the statewide parental choiceprogram:

1. Eliminates the requirement that a private school participating in a parentalchoice program must annually satisfy at least one of the following standards: a) atleast 70 percent of the pupils in the program advance one grade level each year; b)the private school's average attendance rate for the pupils in the program is at least90 percent; c) at least 80 percent of the pupils in the program demonstrate significantacademic progress; or d) at least 70 percent of the families of pupils in the programmeet parent involvement criteria established by the private school.


ASSEMBLY BILL 64

2. Eliminates the requirement that a private school participating in a parentalchoice program provide a minimum number of hours of direct pupil instruction.

3. Requires a private school participating in a parental choice program toconduct a background investigation of teachers and administrators who arecurrently employed by the private school and to conduct a background investigationof teachers and administrators hired after the date on which the bill is enacted aspart of the hiring process. Additionally, the bill requires the private school to conductan additional background investigation at least once every five years if a teacher oradministrator continues to be employed by the private school.

4. Allows DPI to bar a private school from participating in a parental choiceprogram in the current school year and the following school year for misrepresentingany information required under the program.

5. Prohibits DPI from requiring a private school participating in a parentalchoice program to submit an annual operating budget to DPI as evidence of theprivate school's fiscal and internal control practices or of its financial viability. Theprohibition applies only if the private school is not a new private school and theprivate school is in good standing with DPI.

6. Allows an applicant for a parental choice program to receive directly fromDOR a determination about the applicant's income eligibility for the parental choiceprogram as part of the application process.

7. Requires a private school that is continuing to participate in a parentalchoice program to submit certain school policies at DPI's request, instead ofsubmitting all of the policies to DPI each year as required under current law, and toprovide to DPI only signatures of new members of its governing board, rather thansignatures from all of the members of its governing body each year. For a privateschool that did not participate in a parental choice program in the previous year, thebill requires the private school to submit all of its policies and signatures from all ofthe members of its governing body to DPI by January 10 of the immediatelypreceding school year.

This bill eliminates the requirement that a virtual charter school ensure thatits teachers are available to provide a minimum number of hours of direct pupilinstruction and prohibits the governing body of a virtual charter school from allowinga pupil to start attending the virtual charter school during a semester in which thepupil has had four or more unexcused absences from school.

HIGHER EDUCATION

This bill requires the Board of Regents of the UW System to allocate a specifiedportion of its annual general purpose revenue funding to distribute among the UWinstitutions, which are the individual four-year universities and the two-year UWColleges as a whole, based on their performance in the prior fiscal year regardingspecified criteria. In each fiscal year, the Board of Regents must allocate $21,250,000of its annual general purpose revenue funding for making the distributions.However, if the Board of Regents does not begin making the distributions until fiscalyear 2018-19, then, in that fiscal year, the Board of Regents must allocate$42,500,000 of its general purpose revenue funding for the 2017-19 fiscal bienniumfor making the distributions.

- 13 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

This bill requires the following percentages of the portion allocated to bedistributed according to an institution's performance regarding each of the followingsets of criteria:

1. Thirty percent: length of time to obtain a degree; student participation indual enrollment programs; percentage of students completing degrees within three,four, and six years; percentage of students awarded degrees in healthcare, science,technology, engineering, or mathematics; low-income student graduation rate; andfaculty instructional hours.

2. Fifteen percent: average number of high-impact practices experienced byundergraduates and percentage of students who participated in internships duringundergraduate enrollment.

3. Thirty percent: percentage of students who obtained full-time postgraduateemployment; percentage of students who obtained full-time postgraduateemployment in fields related to their degrees; percentage of the state workforce whograduated from the institution in the five prior fiscal years; percentage of studentswho are employed or continue their education within one year of graduation; and thenumber of degrees awarded in high-demand fields as determined by DWD.

4. Ten percent: minimization of expenditures for supplies, services, personnel,and other administrative expenses.

5. Five percent: number of state residents served by the UW-Extension oroutreach programs at the institution and expenditures on noncredit studentcommunity service programs.

6. Ten percent: two additional criteria specified by the Board of Regents.This bill requires the Board of Regents to establish formulas for distributing the

above percentages among institutions based on their rankings regardingperformance for each of the above sets of criteria. However, the Board of Regentsmust control for the number of students enrolled at each institution so that largerinstitutions are not advantaged over smaller institutions. In addition, the Board ofRegents may substitute criteria for the UW Colleges or exempt the UW Colleges froma ranking and distribution. No later than January 1, 2018, the Board of Regentsmust submit a plan to the secretary of administration for making the distributions.The plan must include the method used for ranking performance. Within 30 days ofreceipt of the plan, the secretary of administration must approve the plan or requireresubmittal. The bill prohibits the Board of Regents from implementing the planuntil approved by the secretary.

Beginning in fiscal year 2018-19, this bill requires the Board of Regents torequire each institution to prepare an annual “Performance Funding Report Card”that summarizes performance regarding the above criteria and other metrics. Inaddition, the Board of Regents must publish data regarding each institution'sperformance on the UW System Accountability Dashboard that the Board of Regentsmaintains on the UW System's Internet site.

This bill makes changes to performance funding requirements for technicalcollege districts. Current law required the TCS Board to submit a plan to JCF byMarch 31, 2014, for allocating general state aid to technical college districts basedon performance with respect to specified criteria. Upon approval by JCF, current law


ASSEMBLY BILL 64

required the TCS Board to allocate the general state aid among the districts so that,by fiscal year 2016-17, 30 percent of the aid was allocated according to the plan and70 percent was allocated according to a formula for equalizing the aid based ondistrict property values. Under current law, after fiscal year 2016-17, none of theaid is allocated according to the plan and 100 percent is allocated according to theequalization formula.

Under this bill, in fiscal year 2017-18, 30 percent of the aid is allocatedaccording to the plan and 70 percent is allocated according to the equalizationformula. For subsequent fiscal years, the bill requires the TCS Board to allocate 70percent of the aid to technical college districts according to the equalization formulaand to submit a new plan to the secretary of administration for allocating thefollowing percentages of the aid based on a district's performance regarding thefollowing sets of criteria, which are based on the criteria specified under current law:

1. Ten and one-half percent: participation in dual enrollment programs and thedevelopment and implementation of a policy to award course credit for educationalexperience and training not obtained through an institution of higher education.

2. Ten and one-half percent: student placement in jobs related to the students'programs of study; number of degrees and certificates awarded in high-demandfields, as jointly determined by DWD and the TCS Board; number of programs orcourses with industry-validated curriculum; and workforce training provided tobusinesses and individuals.

3. Six percent: number of adults served by specified basic adult education,skills, and training courses and the success rate of adult students completing thecourses; transition of adult students from basic education to skills training; andtraining and other service provided to special populations or demographic groupsthat are unique to a technical college district.

4. Three percent: participation in statewide or regional collaboration ofefficiency initiatives.

This bill requires the TCS Board to submit the above plan to the secretary ofadministration by March 31, 2018. The TCS Board may not implement the planunless approved or modified by the secretary of administration. Beginning in fiscalyear 2018-19, the bill requires the TCS Board to submit an annual report to thesecretary of administration regarding the allocations made under the plan anddistrict performance regarding the criteria. The bill also requires each technicalcollege district to prepare an annual “Performance Funding Report Card” thatsummarizes district performance with respect to the above criteria.

This bill requires the TCS Board to submit an accountability report byDecember 31 of each year to the governor and the legislature. The report mustinclude information regarding the following: 1) graduation rates and related data;2) postgraduation state residency of students; 3) the number of degrees, diplomas,and certificates awarded in high-demand fields; 4) financial reports; 5) studentfamily income and minority group membership; 6) student transfers; 7) costs forresident students; 8) the collegiate transfer program; 9) faculty profiles; 10)partnerships and collaborative relationships among technical colleges, employers,

- 15 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

state or local governments, or school districts; and 11) incentive grants made undercurrent law. specified under current law.

In academic years 2017-18 and 2018-19, this bill prohibits technical collegedistrict boards from charging fees to resident students for liberal arts, collegiatetransfer, postsecondary, or vocational-adult programs that exceed the fees chargedin the 2016-17 academic year. In those same academic years, the bill also prohibitsthe boards from charging materials fees to any student that exceed the fees chargedin the 2016-17 academic year. In addition, the bill allows technical college districtboards to charge students who reside in their districts uniform program and materialfees that are less than the uniform fees established by the TCS Board.

This bill makes payment by students of allocable segregated fees at UW schoolsoptional. The bill defines “allocable segregated fees" as segregated fees that providesubstantial support for campus student activities and that students are responsiblefor allocating, in consultation with the school's chancellor and subject toconfirmation of the Board of Regents.

This bill prohibits four-year UW schools from awarding a bachelor's degree toa student unless the student has had an internship experience or work experience.The Board of Regents must establish policies for determining whether a student hassatisfied this internship or work requirement.

This bill requires the Board of Regents and the TCS Board to enter into anagreement that, beginning in the 2018-19 academic year, ensures that not fewerthan 60 core general education course credits are transferable within and betweeneach UW school and technical college. Current law required such an agreement for30 credits beginning in the 2014-15 academic year. As under current law, the billrequires the two boards to ensure that in-state tribally controlled colleges andcertain private schools have an opportunity to participate in the agreement. The billalso requires the Board of Regents to measure the effectiveness of policies the boardhas established under current law for the appropriate transfer of credits betweeninstitutions within the system. In addition, the bill requires the board to submit areport to the legislature that describes any barriers to credit transferability.

This bill requires each university in the UW System to submit statements to theBoard of Regents regarding completion of majors for baccalaureate degrees withinthree academic years. By January 1, 2018, the bill requires a university to submitstatements for at least 10 percent of its baccalaureate degree programs. By June 30,2020, the bill requires a university to submit statements for at least 60 percent ofsuch programs. Upon submitting a statement, a university must post the statementon the university's Internet site. The Board of Regents must provide copies to thestate superintendent of public instruction for further distribution. The bill alsorequires the Board of Regents and UW-Madison chancellor to include informationabout baccalaureate degrees awarded within three academic years in annualaccountability reports that must be submitted to the governor and legislature undercurrent law.

This bill requires the Board of Regents to develop and implement a plan no laterthan January 1, 2018, that includes specified policies for each institution within theUW System, including UW-Madison, for monitoring faculty and instructional


ASSEMBLY BILL 64

academic staff teaching workloads. The plan must also include policies forrewarding faculty and instructional academic staff who teach more than a standardacademic load. The Board of Regents and the chancellor of UW-Madison must revisetheir personnel systems and employment relation policies and practices as necessaryto be consistent with the plan. In addition, the Board of Regents and UW-Madisonchancellor must include aggregate data on faculty and instructional academic staffteaching hours in annual accountability reports required under current law. TheBoard of Regents must also publish the aggregate data on the accountabilitydashboard on the UW System's Internet site and provide links to individual facultyand academic staff member teaching hours on that dashboard.

This bill makes a change to the residency requirement for the fee remissionprogram for veterans' spouses and children at UW schools and technical colleges.Under the bill, this fee remission program for a veteran's spouse and children appliesif the veteran was not a resident of this state when he or she entered the armed forcesbut resided in this state for at least five consecutive years immediately precedingregistration at a UW school or technical school.

This bill requires the Board of Regents and each UW school to be committed tofreedom of expression and inquiry and to protect and promote this freedom formembers of the UW System's community.

This bill transfers responsibility for leases of real property occupied by theBoard of Regents for use as student housing from DOA to the Board of Regents.

During the 2017-19 fiscal biennium, this bill prohibits the Board of Regentsfrom using the procedure for state agencies to supplement their budgets fromcompensation reserves.

This bill eliminates the Educational Approval Board and transfers all of itsfunctions to DSPS.

Under this bill, the College Savings Program Board, which administers theEdVest program, is an agency attached to DFI instead of being attached to DOA.

OTHER EDUCATIONAL AND CULTURAL AGENCIES

This bill requires SHS to operate the Circus World Museum. Current lawallows SHS, which owns the museum, to enter into a lease with the Circus WorldMuseum Foundation, Inc., to operate the museum. The bill eliminates SHS'sauthority to enter into that lease and provides that, if a lease is in effect on the bill'seffective date, the lease terminates on January 1, 2018, or the termination datespecified in the lease, whichever is earlier. Also, for individuals employed by thefoundation when the lease terminates, the bill requires SHS to offer employment tothose individuals, but only if vacant authorized or limited term positions areavailable and SHS has funding for those positions.

EMPLOYMENT

Generally, under current law, certain workers employed on the site of projectsof public works 1) must be paid the prevailing wage rate, as determined under thefederal Davis-Bacon Act; and 2) may not be required or permitted to work more than10 hours per day and 40 hours per week, unless they are paid overtime pay for allexcess hours. The prevailing wage laws include two separate laws: one applies tocertain projects of public works to which the state is a party (state prevailing wage

- 17 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

law), and one applies to projects under a contract based on bids to which the stateis a party for the construction or improvement of highways (highway prevailing wagelaw). This bill eliminates the state prevailing wage law and the highway prevailingwage law.

Under current law, the Labor and Industry Review Commission (LIRC) reviewsadministrative decisions of DWD relating to unemployment insurance (UI) anddiscrimination in employment or in equal enjoyment of places of publicaccommodation (discrimination) and reviews administrative decisions of theDivision of Hearings and Appeals relating to worker's compensation. Review byLIRC is a prerequisite to any judicial review. This bill eliminates LIRC and insteadprovides for administrative review of administrative decisions relating to worker'scompensation by the administrator of the Division of Hearings and Appeals andprovides for administrative review of administrative decisions relating to UI anddiscrimination by the respective administrator of the division in DWD thatadministers the law in question.

This bill creates statutory offers of settlement procedures for resolvingcomplaints involving violations of the state fair employment law, family and medicalleave law, or organ and bone marrow donation law. The bill allows the parties to suchcomplaints to make settlement offers to resolve claims and, in cases where asettlement offer is declined, provides for cost and fee shifting or interest dependingon whether the complainant receives a more favorable award than what wasincluded in the settlement offer.

This bill allows DWD, as part of its workforce training program, commonlyreferred to as the Fast Forward Program, to award grants for any of the following:

1. Projects to provide high school students with industry-recognizedcertifications in high-demand fields.

2. Programs that train teachers and that train individuals to become teachers,including teachers in dual enrollment programs.

3. Partnerships designed to improve workforce retention through employeesupport and training.

4. Increasing the number of students who are placed with employers forinternships.

5. A nursing training program for middle school and high school students.In addition, this bill requires DWD to allocate at least $5,000,000 in fiscal year

2017-18 for grants to technical colleges for workforce training programs and at least$1,500,000 in the fiscal biennium for the grants described above related to nursingcredentials and allows DWD to allocate up to $1,000,000 to fund grants for thecreation and operation of mobile classrooms to provide job skills training toindividuals in underserved areas of this state, including inmates at correctionalfacilities who are preparing for reentry into the workforce. The bill also allows DWDto allocate up to $50,000 in each fiscal year to fund the upkeep and maintenance ofthose mobile classrooms.

Under current law, the testimony at a hearing held under the worker'scompensation law must be taken down by a stenographic reporter or, if there is an


ASSEMBLY BILL 64

emergency, recorded by a recording machine. The bill allows the testimony to berecorded by a recording machine regardless of whether there is an emergency.

This bill requires DWD to designate an employee to serve as an apprenticeshipcoordinator to expand and streamline apprenticeship program offerings for inmatesin correctional facilities.

This bill requires DWD to allocate $50,000 for the purpose of conducting a studyregarding the feasibility of establishing a program, using a social impact bond model,to assist claimants for unemployment insurance benefits by offering them mobilitygrants to relocate to areas with more favorable employment opportunities.

ENVIRONMENT

WATER QUALITY

Under current law, a person operating a public water supply system mustprepare a water supply plan, approved by DNR, that shows the proposed watersupply service areas and an assessment of the environmental and economic impactsof carrying out the water supply plan, along with other information. If the planningarea is within an area for which an areawide water quality planning agency has beendesignated, the agency is responsible for designating the proposed water supplyservice area in the water supply plan. This bill provides that the Great Lakes - St.Lawrence River Basin Water Resources Council may designate, in a water supplyplan, the water supply service area for a public water supply system making awithdrawal from the Great Lakes basin. Under the bill, water supply service areasdesignated by the council do not need to be consistent with the approved areawidewater quality management plan for the planning area.

This bill also requires DNR and DATCP to conduct a study and makerecommendations on transferring the regulation of concentrated animal feedingoperations (CAFOs) from DNR to DATCP and to submit a joint report to the governor,JCF, and appropriate standing committees of the legislature by December 31, 2018,stating whether DATCP may act as the federal EPA's delegated agent in regulatingCAFOs, whether improvements would result from the transfer, and whether thetransfer would have a financial impact on the water pollutant discharge eliminationsystem (WPDES) permit program. If the departments recommend the transfer, thedepartments must also recommend in the report an effective date for the transfer andthe number of positions and funding to be transferred and must describe how rulesthat have already been promulgated by DNR and DATCP will be affected.

In addition, this bill lowers the interest rate for certain loans for projects tocontrol water pollution, provided under the Clean Water Fund Program for the2017-19 biennium or later, from 70 percent of the market interest rate to 55 percentof the market interest rate. This bill also eliminates the financial hardshipassistance program under the Clean Water Fund Program and modifies therequirements for municipalities to receive low-interest loans under the Clean WaterFund Program. Under current law, a municipality may obtain financial hardshipassistance, in the form of a grant or a loan at a lowered interest rate, for certain waterquality projects if 1) the median household income in the municipality is 80 percentor less of the median household income in this state; and 2) the estimated annualwastewater treatment charges per residential user in the municipality exceeds 2

- 19 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

percent of the median household income in the municipality. Under the bill, if amunicipality has a population of less than 1,000 and the median household incomein the municipality is 65 percent or less of the median household income in this state,the municipality is eligible for an interest-free loan under the Clean Water FundProgram. If a municipality has a population of less than 10,000 and the medianhousehold income in the municipality is 80 percent or less of the median householdincome in this state, the municipality is eligible for a clean water fund loan at 33percent of the market interest rate.

This bill also allows moneys in the environmental fund that have been receivedfor the purpose of environmental management to be considered to have been receivedfor debt service payments for certain nonpoint source water pollution abatementprojects, in the amount of $3,152,500 in each fiscal year. In addition, the bill expandsthe purposes for which money from the environmental improvement fund may beused to include general program operation costs and administration costs for thewater pollutant discharge elimination system permitting program.

This bill also eliminates the requirement that DNR allocate $500,000 in eachfiscal year for contracts for educational and technical assistance provided by theUW-Extension relating to the nonpoint source water pollution abatement program.

In addition, this bill increases the authorized general obligation bonding limitfor DNR to provide financial assistance to local governmental units for constructingor modifying public water systems that facilitate compliance with national primarydrinking water regulations by $5,800,000.

This bill also increases the authorized general obligation bonding limit for DNRto fund nonpoint source water pollution abatement projects by $5,900,000 and toprovide financial assistance for projects that manage urban storm water and runoffand for flood control and riparian restoration projects by $3,000,000 and for projectsthat increase dam safety, including projects to maintain, repair, or remove a dam, by$4,000,000.

HEALTH AND HUMAN SERVICES

PUBLIC ASSISTANCE

Under current law, DCF is directed to allocate specific amounts of federalmoneys, including child care development funds and moneys received under theTemporary Assistance for Needy Families (TANF) block grant program, in each fiscalyear for various public assistance programs, for child care-related purposes,including day care licensing activities, and for paying a portion of the claims underthe earned income tax credit. This bill directs DCF to allocate TANF block grantmoneys for a number of programs, including the following:

1. $2,700,000 in fiscal year 2017-18 and $2,700,000 in fiscal year 2018-19 forpayments to individuals who transition from W-2 employment to unsubsidizedemployment and receive case management services.

2. $500,000 in each fiscal year for DOA grants to temporary shelter facilitiesfor case management services for homeless families.

3. $500,000 in fiscal year 2018-19 to fund an early absenteeism pilot programunder which DCF awards grants on a competitive basis to public elementary schoolsfor the purpose of reducing chronic absenteeism in early grades.


ASSEMBLY BILL 64

4. $400,000 in fiscal year 2017-18 and $600,000 in fiscal year 2018-19 for apublic messaging campaign to promote the importance of the success sequence, theinvolvement of fathers in the lives of their children, and the implications of teenagepregnancy.

The bill also removes the geographic restriction, currently limited toMilwaukee, on TANF funding of services to prevent child abuse or neglect andrequires a county to match a certain percentage of the amount the county receivesof the TANF moneys allocated for safety and out-of-home placement services.

This bill requires DCF, DPI, DHS, and DWD to collaborate on a report to thelegislature about the population overlap of families that receive public benefits andchildren who are chronically absent from school.

WISCONSIN WORKS

Under current law, the Wisconsin Works (W-2) program, administered by DCF,provides, among other things, work experience and benefits for low-income custodialparents who are at least 18 years old. The W-2 program provides work experienceby placing participants in one of the following categories of employment positions:trial jobs, community service jobs, subsidized private sector employment, ortransitional placements.

Under current law, controlled substances screening, testing, and treatmentrequirements apply to an individual who applies for the Transform Milwaukee Jobsprogram or the Transitional Jobs program, who applies for W-2 services and benefitsfor noncustodial parents, or who applies for or is ordered by a court to register for awork experience and job training program. This bill adds the following W-2 workexperience programs for custodial parents to the programs to which the screeningand testing requirements apply: the Temporary Employment Match program, whichprovides a subsidy for wages to an individual's employer, and the Community ServiceJobs program and Transitional Placement program, both of which provide aparticipant with a monthly grant. With respect to an individual applying for a W-2program, the bill also applies the screening, testing, and treatment requirements toall adult members of an individual's W-2 group whose income or assets are includedin determining the individual's eligibility for a program. However, the bill exemptsfrom all controlled substances screening and testing requirements a custodial parentof a child who is eight weeks old or less, a woman with a high-risk pregnancy, a W-2participant who moves to an unsubsidized job and receives only case managementservices, and a dependent child.

Also under the bill, an individual applying for a community service job or atransitional placement is eligible for the monthly grants under those programs evenif the individual or his or her group member tests positive for the use of a controlledsubstance without presenting evidence of a valid prescription and refuses toparticipate in substance abuse treatment or the individual or his or her groupmember fails to cooperate with the testing or treatment requirements. However, thebill requires DCF to reduce the monthly grant and pay it not to the individual butto a protective payee who must hold the money and use it exclusively on behalf of theindividual's dependent children. The bill limits this partial eligibility to 12 months

- 21 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

or until the individual again becomes eligible for full participation in a W-2 program,if sooner.

Under current law, an individual who moves from a W-2 employment positionto unsubsidized employment is eligible for case management services to help theindividual retain the unsubsidized employment. Under this bill, an individual whoreceives such case management services is also eligible for a supplement of $50 permonth over a period of 12 months if the individual meets work participationrequirements under the TANF block grant program.

This bill also places a limit on liquid assets for eligibility for Wisconsin Shares.Under Wisconsin Shares, which is a part of the W-2 program under current law, anindividual who is the parent of a child under the age of 13 or, if the child is disabled,under the age of 19, who needs child care services to participate in variouseducational or work activities (approved activities), and who satisfies othereligibility criteria, such as having a family gross income at or below 185 percent ofthe poverty line, may receive a child care subsidy for child care services. The bill addsanother eligibility criterion: unless the individual is a foster parent, subsidizedguardian or interim caretaker, or kinship care relative, the total liquid assets of anindividual's family may not exceed $25,000 for the individual to be eligible forWisconsin Shares.

This bill also allows an individual who receives a child care subsidy through theWisconsin Shares program to continue to be eligible to receive a partial subsidy ifthat individual's family gross income increases to above 200 percent of the povertyline for a family the size of the individual's family, but the individual's copaymentincreases by $1 for every $3 by which the family's gross income exceeds 200 percentof the poverty line.

This bill also provides that, if an individual who is eligible for a child caresubsidy under Wisconsin Shares permanently ceases participating in an approvedactivity, the individual will remain eligible for the child care subsidy for a period ofthree months after the individual ceases participation or until the individual'seligibility is redetermined, whichever is earlier. The bill also provides that anindividual will remain eligible for a child care subsidy while the individualexperiences a temporary break in an approved activity, such as a break due to illness,to care for a family member, a school or holiday break, a regular break from seasonalwork, or any other temporary break from an approved activity that does not exceedthree months.

Under current law, if a payment to a child care provider under the WisconsinShares program is based on authorized hours of child care, DCF is required to tracka child's hourly usage of child care authorizations over a six-week period and, if thechild's hourly usage over that six-week period is less than 60 percent of theauthorized hours, DCF must reduce the authorized hours to 90 percent of themaximum number of hours that the child attended during that six-week period.Current law excludes some vacation and sick leave when calculating the number ofhours a child attended during a six-week period. This bill adds that DCF must notreduce the authorized hours based on a reduction in hours attended due to atemporary break from an approved activity.


ASSEMBLY BILL 64

This bill provides that an individual does not lose eligibility for a child caresubsidy under Wisconsin Shares for a child who attains the age of 13 or, if the childis disabled, attains the age of 19 until the individual's eligibility is redetermined. Thebill also provides that a child's development and learning and the promotion ofcontinuity of care must be taken into consideration when determining the numberof hours of child care authorized, and that those hours need not be based on theindividual's schedule of educational or work activities or the number of hours theindividual spends in educational or work activities.

This bill adds a requirement that a child for whom a Wisconsin Shares childcare subsidy is sought be immunized according to the immunization requirementsimplemented by DHS.

Under current law, the Learnfare program requires school age children of W-2participants, with some exceptions, to meet certain school enrollment standards. Anindividual who fails to meet the school attendance requirement may be subject tosanctions determined by DCF by rule. Under current law, an individual fails to meetthe school attendance requirement if the individual is not enrolled in school or wasnot enrolled in the immediately preceding semester. Under this bill, an individualwho is habitually truant or who in the immediately preceding semester washabitually truant also fails to meet the school attendance requirement.

FOODSHARE

FoodShare, also known as the food stamp program and the federalSupplemental Nutrition Assistance Program, provides benefits to eligiblelow-income households for the purchase of food. FoodShare is administered by DHS.The federal government pays the benefits for FoodShare, while the state and federalgovernment share the cost of administration.

This bill specifies that DHS may require a subset of, instead of all, ableindividuals who are 18 to 60 years of age and who are not Wisconsin Worksparticipants to participate in the FoodShare employment and training program,known as FSET, to the extent allowed by the federal government. Currently,able-bodied adults without dependents are required to comply with certain workrequirements as a condition of FoodShare eligibility, though the FSET program isvoluntary. DHS may currently require able individuals who are 18 to 60 years of ageand who are not Wisconsin Works participants to participate in FSET, with certainexceptions that are not affected by the bill. The bill also specifies that DHS mayimplement the requirement to participate in FSET in certain areas of the state, asdetermined by DHS.

DHS is currently required to promulgate rules to develop and implement drugscreening, testing, and treatment policy for able-bodied adults without dependentsin the FSET program. If the rules are promulgated, DHS must screen, test, and treatable-bodied adults without dependents in the FSET program for illegal use of acontrolled substance. This bill applies these requirements for rule promulgation andimplementation of a drug screening, testing, and treatment program to allable-bodied adults, regardless of whether they have dependents.

This bill prohibits an individual who is not elderly, blind, or disabled and whosehousehold has more than $25,000 in liquid assets, such as cash or financial resources

- 23 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

that can be converted to cash without penalties from eligibility for FoodSharebenefits. The bill also prohibits certain individuals and parents who refuse tocooperate in obtaining child support or determining the paternity of a child or whoare delinquent in child support payments and do not satisfy an exception specifiedin the bill from being eligible for FoodShare benefits.

MEDICAL ASSISTANCE

This bill makes changes to the income eligibility and premium methodology forthe Medical Assistance Purchase Plan program, known as MAPP, and to thefinancial eligibility determinations for certain long-term care and MedicalAssistance programs to the extent those changes are approved by the federalgovernment.

This bill changes the premium methodology for MAPP. Under the bill, everyindividual receiving MAPP benefits must pay a premium of $25 per month unless thepremium would be an undue hardship, as determined by DHS. An individual whoseincome exceeds 100 percent of the federal poverty line must also pay 3 percent of hisor her adjusted earned and unearned income that exceeds 100 percent of the FPL.The bill excludes actual out-of-pocket medical and remedial expenses, long-termcare costs, and impairment-related work expenses from income for purposes ofdetermining the premium for MAPP and excludes from income for purposes ofdetermining eligibility under MAPP medical and remedial expenditures andlong-term care costs in excess of $500 per month that would be incurred by theindividual in absence of coverage under MAPP or a Medicaid long-term careprogram.

For determinations of financial eligibility and any cost-sharing requirementsfor the Community Options Program (COP), for certain community integrationprograms, the Family Care program, Family Care partnership, IRIS, and certainMedical Assistance programs, this bill requires DHS to exclude any assetsaccumulated in a person's independence account and any assets from retirementbenefits accumulated from income or employer contributions while employed andreceiving state-funded benefits under COP or MAPP benefits. The bill sets the samerequirement for excluding retirement benefits from eligibility determinations for theMAPP program as assets accumulated in an independence account are alreadyexcluded under current law.

This bill also changes the income limit for Medical Assistance programeligibility for certain elderly, blind, or disabled individuals who are medically needyto 100 percent of the federal poverty line for a family the size of the individual'sfamily. Currently, the income limit for these individuals is this combined benefitamount or 133 and one-third percent of the maximum aid to families with dependentchildren payment, whichever is lower.

This bill requires DHS to submit to the federal government a request for anamendment to the Medicaid waiver for the childless adult demonstration project toprovide employment and training services for childless adults eligible for thedemonstration project. Currently, the childless adult demonstration project, alsoknown as BadgerCare Plus Core, provides health services to adults without childrenwho are under the age of 65 and who have family incomes that do not exceed 100


ASSEMBLY BILL 64

percent of the federal poverty line. BadgerCare Plus Core operates under a waiverof federal Medicaid laws.

This bill eliminates the ambulatory surgical center assessment. Under currentlaw, DOR may impose an assessment on ambulatory surgical centers. If theassessment is imposed, 99.5 percent of the moneys collected are transferred to theMedical Assistance trust fund which pays some of the costs for the MedicalAssistance program. The bill removes the authority from DOR to impose theassessment.

This bill requires that DHS issue an order to compel payment from a recipient,or parent of a minor recipient, of Medical Assistance who is liable for repayment tothe Medical Assistance program of an incorrect payment or an employer who owesa penalty under the BadgerCare Plus program personally or by a type of mail thatrequires a signature of acceptance. Under the bill, refusal or failure by the personor employer liable for a repayment to accept or receive the order to compel paymentdoes not prevent DHS from enforcing the order. Under the bill, if the person oremployer liable for repayment does not make a payment, if a contested caseregarding the repayment is not pending, and if the time for contesting the repaymentorder has lapsed, DHS may submit a true and accurate, instead of certified, copy ofthe order to compel to the circuit court. Under the bill, an affidavit of the collectionsunit of DHS, instead of a sworn statement of the secretary of DHS, is consideredevidence of the amount owed. Currently, as under the bill, a circuit court thenrenders a judgment against the person or employer liable for repayment.

This bill eliminates current law reimbursement under the Medical Assistanceprogram for services provided by a special educator under the Birth to Threeprogram, also known as early intervention services, and instead allows DHS to paythe costs for services provided under the Birth to Three program that are includedin the individualized family service plan and that were not previously authorized forpayment under the state Medical Assistance program.

This bill allows DHS to require a county to maintain a specified level ofcontribution, which is determined by DHS based on historical county expenditures,for the disabled children's long-term support program. Counties are required by thebill to cooperate with DHS to determine an equitable funding methodology andcounty contribution mechanism going forward and to ensure that countycontributions are being expended for the disabled children's long-term supportprogram. The bill also allows DHS to contract with a county or group of counties todeliver disabled children's long-term support program services.

CHILDREN

This bill grants juvenile courts exclusive original jurisdiction over any childwho is a victim of, or at substantial risk of becoming the victim of, child sextrafficking.

This bill makes certain changes relating to background checks of 1) a personwho has or who is seeking a license to operate a child care center, certification forpurposes of reimbursement under the Wisconsin Shares child care subsidy program,or a contract with a school board to operate a child care center (collectively “child careprogram"); 2) an employee or contractor of a child care provider (caregiver); and 3)

- 25 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

a nonclient resident of the child care provider's home to conform to the federal ChildCare and Development Block Grant Act of 2014. The bill also makes certain changesrelating to the training required of a person certified as a child care provider forpurposes of reimbursement under Wisconsin Shares and of a caregiver of such aprovider to conform those training requirements to the Child Care and DevelopmentBlock Grant Act of 2014.

This bill allows DCF to visit and inspect the premises and records of any childcare program established or contracted for by a school board if the child care programreceives funding from Wisconsin Shares. Under current law, DCF is authorized tovisit and inspect the premises and records of a licensed child care center. A schoolboard may establish or contract for the provision of child care programs for childrenunder current law. While such a child care program must meet the standards forlicensed child care centers established by DCF, current law does not require it to belicensed as a child care center.

This bill requires DCF, in cooperation with DPI, to develop and implement atext message-based intervention program to increase the share of college-intendinghigh school seniors who successfully enroll in a postsecondary educationalinstitution, and requires DCF to award grants to eligible school districts in fiscalyears 2018-19 and 2019-20 to offset a portion of school or district costs associatedwith the intervention.

HEALTH

This bill reduces the blood lead level defined as “lead poisoning or leadexposure” from 10 or more micrograms per 100 milliliters of blood to 5 or moremicrograms per 100 milliliters of blood. The presence of lead poisoning or leadexposure in a child under six years of age allows DHS to request admission to thepremises to conduct a lead investigation. DHS also awards grants for lead poisoningor lead exposure prevention and may promulgate rules specifying lead poisoning orlead exposure screening methods and intervals for children under six years of age.

This bill requires that first responders and emergency medical techniciansrenew their certifications or licenses every four years instead of every two years. Thebill creates an endorsement for an intravenous technician for all levels of emergencymedical technicians. An intravenous technician is trained to administer intravenousand intraosseous infusions of medicated and nonmedicated fluids.

This bill allows DHS to pay for aid for first responder training andexaminations. Currently, DHS may pay aid for emergency medical technician —basic training and examinations. The bill also allows ambulance service providersthat receive aids from DHS to escrow unused moneys and use those moneys in asubsequent year for first responder training and examinations or emergency medicaltechnician training and examinations at any level.

MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

This bill creates youth crisis stabilization facilities, which have a maximum ofeight beds and which admit minors to prevent or de-escalate the minor's mentalhealth crisis and avoid admission of the minor to a more restrictive setting. Youthcrisis stabilization facilities must be certified by DHS to operate.


ASSEMBLY BILL 64

This bill removes the requirement that a licensed physician or psychologist ofa state treatment facility sign a statement of the need for treatment for an inmatein a state prison to be involuntarily committed. Current law requires that a petitionfor involuntary commitment of an inmate of a state prison contain allegations thatthe inmate is mentally ill, a proper subject for treatment, and in need of treatment;that less restrictive forms of treatment were unsuccessful; and that the inmate hasbeen informed of his or her treatment needs and rights. The petition must alsocontain, among other things, the inmate's sentence and expected release and signedstatements by both a licensed physician or psychologist of a state prison and alicensed physician or psychologist of a state treatment facility attesting that theinmate needs either inpatient treatment at a state treatment facility or outpatienttreatment in the prison.

OTHER HEALTH AND HUMAN SERVICES

This bill makes various changes to the Board on Aging and Long-Term Careand the ombudsman program. The bill specifies that the seven members of BOALTCmust be members of the public and must not be persons who currently own, or ownedor had a certain interest within the previous five years in, a long-term care provideror health care insurance company. The bill specifies that BOALTC appoints anexecutive director who serves as the state long-term care ombudsman and that thepopulation served by the ombudsman program are those 60 years of age or older whoreceive long-term care in certified or licensed long-term care facilities or underprograms administered by state or federal governmental agencies. The bill specifiesthat BOALTC's ability to monitor and make recommendations, as it currently doesfor COP, extends to the Family Care Program, the Family Care PartnershipProgram, and the Program of All-Inclusive Care for the Elderly and specifies thatthe ability to provide advocacy services, as it does currently for potential or actualenrollees of the Family Care Program, extends to potential or actual enrollees of theFamily Care Partnership Program and the Program of All-Inclusive Care for theElderly and to potential or actual recipients of the self-directed services option,known as IRIS. The bill clarifies that the long-term care ombudsman program mustcomply with certain federal statutes and regulations. The bill also, among otherthings, prohibits any person from willfully interfering with the actions of anombudsman by acting or attempting to act to intentionally prevent, interfere with,or impede the ombudsman from performing functions or responsibilities under law.

This bill allows DHS to recognize accreditation by certain accreditingorganizations that are approved by the federal Centers for Medicare and MedicaidServices instead of performing inspections and investigations itself for licensure ofhome health agencies and hospices. DHS, under current law, is allowed to acceptaccreditation of hospices by the Joint Commission in lieu of performing inspectionsand investigations. The bill expands accrediting organizations from which DHS willrecognize accreditation of hospices.

This bill creates an allocation of moneys from Indian gaming receipts toAmerican Indian tribes for the performance of a feasibility study for anddevelopment of a business plan for a youth wellness center.

- 27 -2017 - 2018 LegislatureLRB-1928/1

ALL:all

ASSEMBLY BILL 64

HOUSING

This bill allows WHEDA to implement two separate programs related to thefederal Housing Choice Voucher Program. First, the bill authorizes WHEDA todevelop policies and procedures for and implement a two-year pilot program thatgives priority to chronically homeless individuals and families on the waiting listWHEDA or a public housing agency that contracts with WHEDA maintains underthe federal Housing Choice Voucher Program. The bill also authorizes WHEDA toprovide case management services for chronically homeless individuals and familieswho receive a voucher after being prioritized on the waiting list.

Second, the bill authorizes WHEDA to request approval from the federalDepartment of Housing and Urban Development to implement a pilot program thatrequires a recipient of a voucher under the federal Housing Choice Voucher Programto satisfy work requirements as a condition of the voucher. The bill also provides thatWHEDA may provide certain employment, training, and self-sufficiency services,in partnership with certain organizations that contract with WHEDA, to recipientsof vouchers under the federal Housing Choice Voucher Program.

This bill eliminates the requirement that a recipient of a transitional housinggrant awarded by DOA may not permit homeless persons to reside in housingfacilities provided by the grant recipient for more than 24 months. The bill alsoeliminates the requirement that DOA reasonably balance among geographic areasof this state certain other grants and loans DOA makes to defray the housing costsof persons and families of low and moderate income.

INSURANCE

Under current law, a local governmental unit, including any city, county, town,village, school, or library board, may pass a resolution to insure its property, andproperty that it does not own but for which it is contractually liable if the propertyis damaged or destroyed, in the local government property insurance fund (fund).The fund is managed by the commissioner of insurance and provides protection forthe property insured in the fund against fire and extended coverage perils. This billprovides that no new coverage may be issued under the fund on or after July 1, 2017;no coverage may be renewed after December 31, 2017; no coverage may extendbeyond December 31, 2018; and all claims must be filed by July 1, 2019, or they willnot be covered under the fund, and any moneys remaining after all operations ceasewill be distributed among the local governmental units that were insured on July 1,2017.

This bill transfers some of the information technology employees from OCI tothe Division of Enterprise Technology in DOA. The bill also transfers assets andliabilities, personal property, contracts, rules and orders, and pending mattersrelated to information technology from OCI to DOA.

JUSTICE

This bill requires DOJ to award grants to cities to reimburse overtime salaryand fringe benefit costs for beat patrol officers. The grants are limited to the ten citiesthat apply that have the highest rates of violent crime. The bill allows DOJ todetermine the amount of a grant, except that no more than $400,000 may be awarded


ASSEMBLY BILL 64

to a city for a calendar year. The bill also specifies requirements for applying for thegrants.

This bill changes the information that DOJ must include in its report to DOAand JCF regarding restitution received by crime victims. Under the bill, the reportmust specify the total number of individuals who received restitution instead ofidentifying the individuals who received restitution and must provide the totalamount paid to all recipients instead of providing the amount paid to each recipient.

LOCAL GOVERNMENT

This bill clarifies that if a unit of government has a responsibility to carry outa certain function, and it enters into an intergovernmental cooperation contract withanother unit of government to jointly perform the responsibility, the jointlyestablished entity fulfills the unit of government's responsibility to carry out thatfunction until the contract expires or is terminated. In addition, if two or more unitsof government enter into such a contract and create a commission to jointly orregionally administer a function or project, the commission shall be considered to bea single entity that represents, and may act on behalf of, the joint interests of thesignatories to the contract.

Generally, under current law, local levy limits are applied to the property taxlevies that are imposed by political subdivisions in December of each year. Currentlaw prohibits a political subdivision from increasing its levy by a percentage thatexceeds its “valuation factor,” which is defined as the greater of either zero percentor the percentage change in the political subdivision's equalized value due to newconstruction, less improvements removed.

Current law contains a number of exceptions to the levy limit. Under one ofthese exceptions, a political subdivision may increase its current year levy limit, upto a maximum increase of 1.5 percent of the actual levy of the prior year, if theallowable levy from the prior year was greater than the actual levy in that year(carryover utilization).

Also under current law, a political subdivision must reduce its levy limit if theamount of its levy in the current year, for its payment of debt service for debt issuedbefore July 1, 2005, is less than its levy for that purpose in the previous year (negativeadjustment for debt service). The amount of the levy reduction is the amount bywhich its levy for such debt service was reduced. Under current law, the negativeadjustment for debt service requirement does not apply to a political subdivision inany year in which the political subdivision does not increase its levy increase limitby carryover utilization.

This bill eliminates the carryover utilization exception to the negativeadjustment for debt service requirement.

MILITARY AFFAIRS

This bill authorizes the adjutant general to operate a state emergencyoperations center during a de

2017 ASSEMBLY BILL 64 - Wisconsin2017 - 2018 Legislature - 6 - LRB-1928/1 ALL:all ASSEMBLY BILL 64...

Documents

Transcript of 2017 ASSEMBLY BILL 64 - Wisconsin2017 - 2018 Legislature - 6 - LRB-1928/1 ALL:all ASSEMBLY BILL 64...